Everything Rides On Your Tires

    All tire manufacturers know that with proper use, tire treads will wear out and eventually need to be replaced, however, a surprising number of drivers aren't aware of when their tires should serviced.  Did you know that all tires have an expiration date that is required to be printed directly on the tire?  Many of you know about some common tire maintenance such as checking pressure, tread-wear and getting tires balanced and rotated but to avoid major failures and blowouts there needs to be more education about tire shelf-life and their expiration dates.

    Most new tires are estimated to last around 70,000 miles and the NHTSA says that regardless of use or mileage tires should be replaced after 6 years, which is fine if a consumer is buying their tires "brand new" but what about tires that sit in a warehouse for years before they are sold or ever put on a car?  The U.S. Department of Transportation has worked out a system that should make it easier for all consumers to know when their tires were made and when they should be replaced, it's as simple as looking at your tire...

    On the outside sidewall, usually near the rim or hubcap there will be a number preceded by "DOT" which means that this tire meets all the Department of Transportation's standards.  This will be followed by either 2 numbers or letters that will indicated where the tire was made.  Following the manufacturer's numbers will be the information about the tires age.  All tires made after the year 2000 will have a 4-digit code:  The first two digits indicate the week of the year in which the tire was made so 01 would mean it was made in the first week of the year, and so on until 52.  The last two digits indicate the year so 05 would mean it was made in 2005.  For example 1607 would mean that the tire was made in the 16th week of the year 2007.

    For more information on tire safety we recommend you contact your local Department of Transportation.

YES!  Passengers and pedestrians are most always entitled to no-fault benefits.

　Often no-fault benefits in Michigan do not have to be paid to an injured victim because of an exclusion in Michigan no-fault law.　 The one that I see most often is; a driver and owner of an uninsured vehicle, and this includes motorcycles, is not entitled to no-fault benefits. The reason is they had a duty to insure their vehicle and because they did not they are penalized and not entitled to benefits.　 It is good to know that if a passenger or a pedestrian is hit by a car or is in a motor vehicle　accident they will be entitled to no-fault benefits which includes life-long medical bills paid for the injuries that arose out of the crash.　

Passengers and pedestrians are entitled to PIP benefits even if the vehicle they are in is uninsured as long as: (1) there are no exclusions that apply and (2) the accidental injuries "arise out of the ownership, operation, use or maintenance of a "motor vehicle."

In an October 18th press release, Allstate announced that they agreed to a 10 million dollar regulatory settlement over the process in which they handle bodily injury claims.  The National Association of Insurance Commissioners (NAIC) completed an 18-month examination of Allstate's multi-state claims handling system.  Allstate has been using a software program called Colossus to guide them in making settlement offers after motor-vehicle accidents.  While the software has proven to be effective it was not being consistently modified or "tuned" for all of Allstate's regions.  According to the settlement, Allstate has agreed to make many changes, which include:

• Notifying claimants that the Colossus program may be used in adjusting their claims.
• Providing consistent updates in a uniform fashion for all regions including modifications that reflect recently settled claims.
• Consolidating it's bodily injury claims "handling practices" into a single manual.
• Not establishing any rules requiring claims adjusters to settle claims according to the value provided by Colossus
• Not offering incentive programs for adjusters who settle at the value suggested by Colossus.

This $10 million settlement will go into a regulatory fund for the 45 states that signed this agreement.  It will be used to help implement these new guidelines and properly train examiners in reviewing and monitoring software programs in their use of evaluating injury claims.

In Michigan, after a motor-vehicle accident, a person may be entitled to no-fault benefits, this includes any loss of wages or income. There's always been a maximum amount per month a victim can be paid from an auto insurance company for this benefit. Each year the Commissioner of Insurance for the State of Michigan adjusts this amount to reflect changes in the cost of living. This is usually calculated in August and takes effect on October first of that year. The monthly maximum work loss benefits payable under Michigan's no-fault law has just increased to $4,929 per month.  A person is eligible for these benefits for up to 3 years after the accident. To receive any excess wage, income or other economic loss, a person would need to pursue the third-party case against a potentially negligent driver.

See MCL 500.3107　

As you have learned this past month through my blogs, no-fault benefits may be payable in circumstances where you may not have thought they would be because the injury was not caused by a typical motor vehicle crash. However the injury DID involve a motor vehicle.

We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?　 If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here are a few examples of unusual circumstances where benefits may still be payable:

Use of Motor Vehicle    

 As you have learned this past month through my blogs, no-fault benefits may be payable in circumstances where you may not have thought they would be because the injury was not caused by a typical motor vehicle crash. However the injury DID involve a motor vehicle.

 We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?  If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here is an example of an unusual circumstance where benefits may still be payable:

Entering or Exiting (Slip & Fall):

• Patient getting in or out of vehicle and slips on ice, oil, etc.; usually entitled PIP.
  
• Patient fuels vehicle and falls after walking around to get back in; possible PIP coverage.
  
• Man falls from high step of truck after hand slips off of door handle. Entitled to PIP.

As you have learned this past month through my blogs, no-fault benefits may be payable in circumstances where you may not have thought they would be because the injury was not caused by a typical motor vehicle crash. However the injury DID involve a motor vehicle.

 We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?  If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here is an example of an unusual circumstance where benefits may still be payable:

Loading & Unloading:

• A man loading or unloading a motor vehicle usually is entitled to PIP.
• If patient is loading a heavy bag of salt in his trunk and injures his back, he may be entitled to PIP.
• Man stacking boxes in back of a truck when a pallet falls on his head is entitled to PIP.
• Camper ladder collapses as man carries heavy cooler to roof. Entitled to PIP.

As you have learned this past month through my blogs, no-fault benefits may be payable in circumstances where you may not have thought they would be because the injury was not caused by a typical motor vehicle crash. However the injury DID involve a motor vehicle.

 We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?  If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here are a few examples of unusual circumstances where benefits may still be payable:

Not Logical or Fair:

        Figuring out which or whose auto insurance company is obligated to pay medical bills and other PIP benefits can be confusing.  To determine which auto insurance company is responsible for paying benefits, answer the following questions:

1.  Was there an accidental injury that arose out of the ownership, operation,  use or maintenance of a motor vehicle as a motor vehicle? If answer is “Yes,  continue. 
     For an Insurance Company to be obligated to pay under the No-Fault Law a “motor vehicle” has to be “involved.”  This typically means a car, van, truck, trailer or bus was somehow involved in the accident. 
      A motorcycle is not defined as a motor vehicle under the No-Fault Law.  If patient was injured in a single motorcycle accident (e.g. biker hits tree, deer, or other motorcycle), no PIP benefits are available.  However, if a car cut the biker off, a “motor vehicle” was “involved” and benefits would be available.
 

2.  Do any exclusions apply? If no exclusions apply, continue.

• If the patient is an owner of an uninsured vehicle that was involved, he or she is not entitled to PIP.
• A patient that stole the accident vehicle is not entitled to PIP.
• A patient from a different state in a car registered in a different state MAY be excluded from benefits.
• If the patient's injury occurs while performing his job, worker's compensation insurance MAY pay some of the benefits that would normally be paid by the automobile insurance.

3.  Was the patient an “Occupant of a privately owned vehicle”, a

    Non-Occupant (pedestrian, bicyclist, etc.) or a Motorcyclist?
The determination as to which auto insurance company is responsible for PIP benefits is different for an occupant, non-occupant and motorcyclist.  The next three pages explain the process for determining which company is responsible.
 

IN A NUT SHELL:
1.                  A Motor Vehicle must be involved.
2.                  You don't get PIP if you stole the accident vehicle or are the owner of an uninsured motor vehicle involved in the accident.
3.                  You must figure out if patient is an Occupant, a Non-Occupant or a Motorcyclist to  ascertain which insurance company is responsible for paying PIP.